Terms of employment
Do you have any questions about your employment contract? Are you entering into a new contract? Have you been asked to change your terms of employment?
It is important that you know where you can find your terms of employment and understand that there are two types of employment terms; express and implied.
Our team will sit down and work through the contract step by step with you to ensure that you understand each term. We can help you by ensuring that the contract does not seek to limit any of your legal rights so that you are in the best position possible when entering into the contract.
Where can I find my terms of employment?
The first place to look for your terms of employment would be your employment contract. Your contract of employment establishes the respective rights, responsibilities and duties of an employer and you. Before signing an employment contract you should be certain that you understand the meaning and consequences of each term. You may be able to negotiate the terms of your employment before signing a contract; however once you have signed the contract you are bound by the terms.
Although many assume that an employment contract would contain all of the terms of employment, this is not necessarily the case. Not all individuals have a written employment contract some have an oral contract, which make the terms harder to prove. However it is important to know that regardless of your position or the amount of hours you work a week, if you are not given a written contract, you are entitled to a written statement of your main employment terms. You should receive this within two months of starting work.
Express and implied terms
What are express terms of employment?
Express terms are terms that have been specifically written or orally agreed between your employer you.
What are implied terms of employment?
Implied terms are not written, but are implied into most contracts of employment. Implied terms include statutory rights for example the right to equal pay. Additionally, terms such as the fact that your employer must provide a safe working environment and that you will not steal from your employer are commonly implied into contracts of employment.
Terms may also be implied through the custom and practice of an organisation, for example the meaning of overtime or a Christmas bonus in a particular business. Terms may be implied through custom and practice where, over a period of time, the meaning has clearly been agreed or is well-known and longstanding, thus becoming part of the contract.
We have a vast amount of experience in dealing with implied terms. This varies from business to business and is very circumstantial. It is very important that you understand all the terms of your employment.
For more information please contact Katherine Maxwell or Naomi Greenwood.